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ERIC Number: ED498485
Record Type: Non-Journal
Publication Date: 2007
Pages: 55
Abstractor: ERIC
Reference Count: N/A
Bureau of Indian Education (BIE), Albuquerque Service Center (ASC) Due Process Hearing Officer Manual. Resolution Session and Due Process Hearing Procedures in Special Education. Revised
Copenhaver, John
Mountain Plains Regional Resource Center (MPRRC)
Due process is a set of procedures that seeks to ensure fairness of education decisions and accountability, for both parents and educational professionals. The due process hearing provides a forum where disagreements about the identification, evaluation, educational placement, and provision of a free appropriate public education for students with disabilities may be adjudicated. Usually parents and school personnel assume their responsibilities in regard to the education of children with disabilities. They usually have little or no difficulty in reaching mutual agreement about the initiation, continuation, or termination of special education services. When disagreements arise, due process is available to bring in an impartial special education due process hearing officer to make a ruling. Ultimately, the intent of federal special education due process requirements is to protect the rights of students from inappropriate actions by schools or by parents. Due process rights begin when educational professionals or the parents request an evaluation to determine whether a student is eligible and needs special education and related services. Examples are providing Prior Written Notice to parents; obtaining informed parent consent when required; and conducting meetings for initial evaluation, reevaluation when needed, Individualize Education Program (IEP) development, and educational placement. Ideally, educators and parents will work together and agree on what is appropriate for the student. All parent-school contacts can be used to communicate openly about the student's situation. Parents and education professionals should be willing to consider various services or approaches to benefit the student. However, if differences of opinion occur, both the educators and the parents should try to resolve those differences through mediation and/or a resolution session. Only as a last resort should the legal method of a special education due process hearing and appeal procedure beused. The purpose of this manual is to review procedures by which the Bureau of Indian Education (BIE) Albuquerque Service Center (ASC) will appoint contract hearing officers and operate the administrative hearing mandated by the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) or its implementing regulations. Due process activities, hearing officer qualifications, checklists, guidelines for the hearing and post-hearing tasks, questions and answers, sample forms, and reimbursement and travel procedures are discussed. Step-by-step description and graphic is included for the following areas: (1) Parent Initiation of Hearing; (2) Non-Parent Initiation of Hearing (School or Public Agency); (3) Timelines; (4) Filing and Procedure for a Due Process Hearing; (5) Appointment of Hearing Officers: (6) Scheduling of Resolution Session and Hearing: (7) Scope of Hearing; (8) Access to Records and Information; (9) Conducting the Hearing; (10) Issuance of Hearing Decision; and (11) Student Status during Procedures. [Cover title varies.]
Mountain Plains Regional Resource Center. 1780 North Research Parkway Suite 112, Logan, UT 84341. Tel: 435-752-0238; Fax: 435-753-9750; Web site:
Publication Type: Guides - Non-Classroom
Education Level: N/A
Audience: N/A
Language: English
Sponsor: Special Education Programs (ED/OSERS), Washington, DC.
Authoring Institution: Utah State Univ., Logan. Mountain Plains Regional Resource Center.
Identifiers - Location: New Mexico
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act